SF 2908

as introduced - 91st Legislature (2019 - 2020) Posted on 05/18/2019 09:34am

A bill for an act
relating to real property; making technical and clarifying changes to various title
provisions; amending Minnesota Statutes 2018, sections 462.352, subdivision 12;
508.08, subdivision 2; 508.11; 508.13; 508A.06; 508A.10; 508A.11, subdivisions
2, 3; 508A.13, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 462.352, subdivision 12, is amended to read:

Subd. 12.

Subdivision.

"Subdivision" means the separation of an area, parcel, or tract
of land under single ownership into two or more parcels, tracts, lots, or long-term leasehold
interests where the creation of the leasehold interest necessitates the creation of streets,
roads, or alleys, for residential, commercial, industrial, or other use or any combination
thereof, except those separations:

(1) where all the resulting parcels, tracts, lots, or interests will be new text begin one-half of a
quarter-quarter section, township and range or new text end 20 acres or larger in size and 500 feet in
width for residential uses and five acres or larger in size for commercial and industrial uses;

(2) creating cemetery lots;

(3) resulting from court orders, or the adjustment of a lot line by the relocation of a
common boundary.

Sec. 2.

Minnesota Statutes 2018, section 508.08, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Adjacent land deleted text end new text begin Separate tracts new text end ; common title defect.

new text begin Two or more new text end owners
of separate tracts of land may join in one application to register the title to their individual
tracts new text begin if the tracts share a common title defect requiring substantially the same evidence for
adjudication new text end . The application must list separately all of the information required by section
508.06 for the owner or owners of each of the tracts included in the application.

Sec. 3.

Minnesota Statutes 2018, section 508.11, is amended to read:

508.11 COURT ADMINISTRATOR; FILING, RECORDING; CERTIFYING;
EFFECT.

The application shall be filed with the court administrator. All final orders or decrees
shall be recorded by the court administrator. At the time of the filing of the application with
the court administrator, a copy thereof, duly certified by the court administrator, shall be
filed for record with the county recorder, and shall be notice forever to purchasers and
encumbrancers of the pendency of the proceeding and of all matters referred to in the court
files and records pertaining to the proceeding. The applicant shall file with the court
administrator, as soon after the filing of the application as is practicable, an abstract of title
new text begin or other evidence of title new text end to the land described in the application, satisfactory to the examiner.
If required so to do by the examiner, the applicant shall likewise cause the land to be surveyed
by some competent surveyor, and file with the court administrator a plat of the land duly
certified by such surveyor.

Sec. 4.

Minnesota Statutes 2018, section 508.13, is amended to read:

508.13 REFERENCES TO EXAMINERS; POWERS; REPORTS.

Immediately after the filing of the abstract of title new text begin or other evidence of title acceptable
to the examiner of titles new text end , the court administrator shall refer the file to the examiner of titles,
who shall proceed to examine into the title of the land described in the application, and into
the truth of all matters set forth therein. The examiner shall ascertain whether or not the
land is occupied, and, if occupied, shall ascertain the nature thereof, and by what right the
occupation is held. The examiner shall also ascertain whether or not any judgments exist
which may be a lien upon the land. The examiner shall search all public records, and fully
investigate all facts pertaining to the title which may be brought to the examiner's notice,
and shall file in the case a full report thereof, together with the examiner's opinion upon the
title. The court shall not be bound by any report of the examiner of titles, but may require
further or other proof. An examiner of titles shall have full power to administer oaths and
examine witnesses concerning any matter involved in the examiner's investigation of titles.
When, in the opinion of the examiner, the state has any interest in, or lien upon, the land,
the examiner shall state the nature and character thereof in the examiner's report, and in
such cases, the state shall be joined as a party, and named in the summons as a party thereto,
in order that its interest, estate or lien may be defined and preserved. The court administrator
shall give notice to the applicant of the filing of such report. If the report of the examiner
is adverse to the applicant, the applicant shall have a reasonable time in which to proceed
further, or to withdraw the application. This election shall be made in writing and filed with
the court administrator. Examiners shall, upon the request of the registrar, advise the registrar
upon any act or duty pertaining to the conduct of the office, or prepare the form of any
memorial to be made or entered by the registrar.

In all cases where under the provisions of this chapter application is made to the court
for any order or decree, the court may refer the matter to the examiner of titles for hearing
and report in like manner as herein provided for the reference of the initial application for
registration.

Sec. 5.

Minnesota Statutes 2018, section 508A.06, is amended to read:

508A.06 CONTENTS OF APPLICATION; CLAIMANTS' RIGHTS, PRIVILEGES.

The application shall set forth substantially:

(1) the full name and address of the applicant; if the application is made by any person
acting in behalf of another, the application shall likewise state the full name and address of
the person so acting, and the capacity in which the person acts; if the applicant is not an
individual, the application shall include the full legal name and type of entity, the state of
organization, and the address of its principal place of business;

(2) whether the applicant is or is not married and if married, the full name and address
of the spouse; whether the applicant is or is not 18 years of age or older; whether or not the
applicant is under any legal incapacity, and if so the nature of the incapacity; and whether
the applicant has ever been divorced and if so, when, where, and by what court the divorce
was granted;

(3) a correct description of the land;

(4) the estate or interest of the applicant in the land, and whether or not it is subject to
an estate of homestead;

(5) the names of all persons or parties, except the applicant, who appear of record, or
who are known to the applicant to have or to claim any right, title, estate, lien, or interest
in the land and the nature and character of it;

(6) whether the land is occupied or unoccupied; if occupied by any other person than
the applicant, it shall state the full name and address of each occupant and the nature of the
estate, interest, lien, or charge which the occupant or occupants have, or claim to have, in
the land;

(7) whether the land is subject to any lien or encumbrance, recorded or unrecorded,
together with the character and amount of the same, and the name and post office address
of each holder thereof; if recorded, it shall state the place, book, and page of record;

(8) if the application is on behalf of a minor, it shall state the age of the minor and that
a duly certified copy of the letters of guardianship has been recorded with the county recorder
in the county in which the land is situated;

(9) when a required address is unknown to the applicant after due and diligent search,
it shall be so stated;

(10) the facts supporting applicant's claim to a possessory estate in land as defined in
section 508A.01, subdivision 3.

new text begin Any person having or claiming any right, title, interest, or estate in land, or any lien or
charge upon or against it, may assent in writing to its registration and waive mailed notice
under section 508A.10, clause (3). The assent and waiver of notice shall be executed and
acknowledged in the manner required by law for the execution and acknowledgment of a
deed and attached to the application.
new text end

Sec. 6.

Minnesota Statutes 2018, section 508A.10, is amended to read:

508A.10 APPLICATION TO EXAMINER; POWERS OF EXAMINER.

An application for registration for a CPT shall be addressed to the examiner of titles in
and for the county in which the land described is situated. The examiner shall have the
powers provided in sections 508A.01 to 508A.85 including but not limited to the following:

(1) to approve all applications prior to filing of record;

(2) to require an abstract of title new text begin or other evidence of title new text end with searches and
recertifications as desired;

(3) to require that mailed notice be given to the holders of any interest, when their
addresses are known;

(4) to issue examiner's reports, supplemental reports, and directives to the registrar
regarding initial CPTs or memorials upon any CPT pursuant to section 508A.71;

(5) to require the county surveyor to review the proposed legal description of any CPT
or to inspect the real property;

(6) to suspend any proceeding hereunder upon receipt of any valid written objections
by persons claiming an interest in the real property; and

(7) to require proceedings subsequent to the initial CPT as may be necessary to achieve
the purposes of sections 508A.01 to 508A.85, or to certify instruments transferring title
pursuant to sections 508A.59, 508A.62, and 508A.69.

Sec. 7.

Minnesota Statutes 2018, section 508A.11, subdivision 2, is amended to read:

Subd. 2.

Abstract supplied.

The applicant shall deliver to the examiner of titles an
abstract of title new text begin or other evidence of title new text end satisfactory to the examiner. In the event the
examiner refuses to direct the issuance of a CPT, the abstract shall be returned. Otherwise,
the abstract shall be returned to the applicant only at the time and under the conditions as
the examiner shall determine.

Sec. 8.

Minnesota Statutes 2018, section 508A.11, subdivision 3, is amended to read:

Subd. 3.

Fees.

Before the examiner of titles examines the abstract of title new text begin or other evidence
of title new text end , the applicant shall pay to the registrar of titles the fee provided by section 508A.82,
subdivision 1, clause (18).

Sec. 9.

Minnesota Statutes 2018, section 508A.13, subdivision 1, is amended to read:

Subdivision 1.

Examination of documents.

After the filing of the application for a CPT,
the examiner of titles shall proceed to prepare a full written report to the applicant or the
applicant's attorney based upon the examiner's examination of the application, abstract of
title new text begin or other evidence of title new text end , and the public records.